The "CPV Lab" is a web-based application exclusively designed for tracking web traffic and generating reports. It can be accessed by Clients through the website (subdomains): cpvlab.pro (referred to as the "Website"). In order to utilize CPV Lab, an internet connection and a web browser are necessary. To acquire the CPV Lab services (referred to as the "Subscription"), Clients are required to select specific conditions that determine their access to these services (referred to as the "Plan").
The Parties are:
1. CPV Lab Pro and UptechVision Solutions SRL (registered in Bucharest, Romania) as owner of CPV Lab Pro. Referred below as CPV Lab Pro, CPV Lab, UptechVision or we.
2. The party subscribing to use CPV Lab Pro product is referred below as: visitor, client or you.
2.1 CPV Lab grants the Client a non-exclusive, non-assignable, and non-transferable right to use the CPV Lab Platform in accordance with the conditions outlined herein, during the specified Term.
2.2 Prior to the issuance of the first invoice by CPV Lab, the Client must provide their billing information and the Client's contact information.
2.3 Access to the CPV Lab Platform requires logging in using the Client's username and password.
2.4 The Client bears sole responsibility for their use of the CPV Lab Platform. The Client must not allow any third party to access or use the CPV Lab Platform and should employ reasonable security measures to protect against unauthorized usage or access. The Client is responsible for any use of the CPV Lab Platform by their employees or any unauthorized individuals.
2.5 CPV Lab will not access the Clients' accounts for purposes other than administrative or support functions.
2.6 Each Client is generally allowed to have only one account, unless otherwise agreed by CPV Lab. The owner of the account will be the Client identified based on the information provided in section 2.2 of these Terms and Conditions and as indicated on the invoices issued by CPV Lab. The Client must not create a new account if there are any outstanding balances for using the CPV Lab Platform. In case the Client creates a new account, they authorize CPV Lab to charge any outstanding amounts from the previous account to the credit card associated with the new account. CPV Lab will begin providing CPV Lab Platform services only after receiving full payment for all outstanding amounts from the Client.
2.7 If a person acting on behalf of one Client creates a new CPV Lab Platform account on behalf of another Client, CPV Lab reserves the right to refuse to provide CPV Lab Platform services for the second Client, at its sole discretion. The second Client will have no claims against CPV Lab in relation to the refusal of services.
2.8 In order to enable the Client to use the CPV Lab Platform and handle their campaigns, the Client will use an individual domain where CPV Lab software will be installed and accessed. This domain is assigned to the Client's account (the "Dedicated Domain").
CPV Lab is the sole owner of the software installed. The Dedicated Domain is assigned by the Client solely for the use of CPV Lab Platform services for the chosen Plan.
The Client is solely responsible for all activities related to the Dedicated Domain, including the content that the Dedicated Domain redirects to.
2.9 CPV Lab provides the Client with the option to add their own domain to the Client's account (the "Custom Tracking Domain"), as well as the option to use an SSL certificate for the Custom Domain. This feature may be offered as an additional package not included in the pricing plan. For more information, please refer to the 'Pricing' section.
2.10 The Client is the sole owner of the Custom Domain.
2.11 The Client may only use the Custom Domain with SSL to use CPV Lab Platform services during the Plan's term. Any other use of the Custom Domain is prohibited. CPV Lab has the right to deny or block the Custom Domain if the Client violates the Terms and Conditions, especially by engaging in illegal activities. The Client is fully responsible for all activities related to the Custom Domain, including its redirected content.
2.12 CPV Lab reserves the right to decline the Client's request to delete or replace the Custom Domain, to which the SSL certificate was issued, with another/new Custom Domain for valid reasons determined by CPV Lab. Valid reasons may include situations where the Client's requests for changing or replacing the Custom Domain occur multiple times within the billing period. For more information on this matter, the Client should reach out to CPV Lab's Customer Support Team.
3.1 The Client is responsible for providing CPV Lab with accurate, up-to-date, and truthful information. It is essential for the Client to maintain the accuracy of their account information. Any incorrect or misleading information provided by the Client may result in full liability, including financial obligations.
3.2 The Client must ensure that the data provided matches the information on the CPV Lab invoice (refer to section 2.2 of the Terms and Conditions). Inputting another entity's data requires CPV Lab's consent. Account ownership transfer to another entity needs explicit authorization. If there are any changes to the provided data or Client information (including email address), the Client must promptly update CPV Lab with accurate information and provide supporting documentation.
3.3 If the Client is an individual, they represent and warrant that they are at least 18 years old, possess legal capacity to enter into contracts, and are operating as a business entity (not as a consumer).
3.4 If an individual is signing up for CPV Lab on behalf of their employer or another entity, they confirm that they possess the legal authority to bind the employer or entity to these Terms and Conditions. In case of any doubts, CPV Lab reserves the right to request proof of the individual's authorization to act on behalf of the Client.
3.5 The Client is strictly prohibited from accessing CPV Lab's platform through any means other than those provided by CPV Lab.
3.6 The Client must refrain from activities that disrupt CPV Lab's platform or services. This includes unauthorized software, automated tools, spamming, hacking, viruses, or any prohibited actions according to these Terms and Conditions or applicable law. CPV Lab has the right to define violations and monitor compliance with these restrictions.
3.7 The Client is strictly prohibited from attempting to gain unauthorized access to accounts belonging to other Clients, or any servers, systems, or networks connected to CPV Lab's platform or CPV Lab's websites.
3.8 The Client must not obtain or attempt to obtain: (A) any information from the CPV Lab platform, such as email addresses or phone numbers of other Clients or software data; (B) intercept, examine, or observe any proprietary communications protocol used by CPV Lab's platform, websites, or servers; (C) use any software designed to provide unauthorized access to, manipulate, delete, damage, or dismantle CPV Lab's platform, websites, or servers.
3.9 The Client must not use CPV Lab's platform services, for any illegal, offensive, obscene, or harmful activities. This includes activities related to pornography, prohibited products, rights infringement, harassment, phishing, impersonation, or violating laws and good practices. CPV Lab may monitor compliance and considers any breach as a material violation of the Terms and Conditions. In such cases, CPV Lab can suspend services and block the Client's account without liability. The Client agrees not to hold CPV Lab responsible for any suspension or blocking of services, accounts, domains, or SSL certificates under such circumstances.
3.10 The Client is responsible for ensuring that all their materials are free from viruses, worms, Trojan horses, and any other malicious code.
3.11 In the event of a breach of the Terms and Conditions by the Client, CPV Lab has the right to ban the Client's account, which means the Client will no longer have access to the account or be able to use CPV Lab's services. In case of a ban, the Client is not entitled to a refund. However, in exceptional cases, CPV Lab may consider restoring service performance according to the chosen plan.
4.1 Free Trial We offer a 14-day free trial for our Service. During this trial period, you can explore and evaluate the features and functionality of our Service without any financial obligation. If you are unsatisfied with the Service, you can cancel your subscription at any time within the 14-day trial period and you will not be charged.
4.2
Money Back Guarantee
We also offer a 30-day money-back guarantee. If you choose to subscribe to our Service after the free trial, you are eligible for a refund within the first 30 days of your subscription (this includes the 14-day trial period). To request a refund, you must contact our customer support team within the 30-day period from the start of your subscription.
For the Yearly and Lifetime plans the Client will support the entire payment processor fee as it is charged by the payment processor.
For the other plans (Monthly), the payment processor fee is supported by CPV Lab.
4.3
Refund Eligibility
To be eligible for a refund under our Money Back Guarantee, the following conditions must be met:
a) You must have subscribed to our Service within the past 30 days.
b) You must have contacted our customer support team to request a refund.
c) Your reason for the refund must be valid, such as technical issues or dissatisfaction with the Service.
d) You must not have violated any other terms or conditions outlined in this agreement.
4.4
Refund Process
Once your refund request is approved, we will process the refund within a reasonable time frame (max 15 days). The refund will be issued using the same payment method used for the initial subscription. Please note that it may take some time for the refunded amount to appear in your account, depending on your bank or payment processor.
The amount (without the payment processing fee) will be transferred to the Client.
5.1 In order to utilize CPV Lab Platform services, the Client must provide CPV Lab with a currently valid and accepted Payment Method, as well as billing details. This is subject to the provisions stated in point 3.2.
5.2 Upon registration and at the start of each Plan, the Client's Payment Method will be charged the agreed Subscription Fee as outlined in the 'Pricing' section. The initial Billing Cycle begins upon invoice issuance and covers the entire purchased period. Access to the account is granted once the full Subscription Fee is credited to CPV Lab's account. If a month lacks a corresponding start day, CPV Lab reserves the right to determine the end date at its discretion. Subsequent Billing Cycles may change based on Subscription modifications, like upgrades.
5.3 The total amount of the Subscription Fee varies depending on the Client's chosen Plan, the cost of Overages, and any additional features, services, or modifications to the Client's account that were not included in the pricing plan. For further details, please refer to the 'Pricing' section.
5.4 To ensure uninterrupted service, the monthly Subscription is automatically renewed, and the Subscription Fee is charged on a monthly basis according to the Payment Method chosen by the Client during registration and at the start of each Billing Cycle. If the Billing Cycle begins on a day not included in a given month, CPV Lab reserves the right to bill according to the chosen Payment Method and the provisions stated in point 5.2 of these Terms and Conditions.
5.5 The Subscription Fee for annual and longer-term Plans must be paid in full and in advance. Overage charges also apply to annual Plans and are settled according to point 15.3 above. CPV Lab reserves the right, on an individual basis, to enter into an additional agreement (referred to as "Insertion Orders"), particularly with Clients who choose a Plan longer than 12 months or when the Plan is individually agreed upon. CPV Lab also reserves the right to apply discounts to any of the Clients' Subscription Fees at the time of Subscription. The price on the invoice will be reduced by the granted discount.
5.6 Each Subscription with an annual or longer-term Plan will automatically renew for a subsequent term matching the chosen Plan's duration (e.g., an annual Plan will renew for another one-year term). To opt out of automatic renewal, the Client must provide written notice at least sixty (60) days before the current Plan's end. The Subscription Fee, including annual or longer-term Plans, is non-refundable if the Client terminates the Agreement. Likewise, if the Client terminates the Subscription before its scheduled end, the prepaid Subscription Fee for the current Plan is also non-refundable.
5.7 It is possible to upgrade the chosen Plan, and the new Plan will take effect immediately upon the upgrade. Downgrading the chosen Plan is only allowed at the end of its validity period and is not eligible for a refund.
5.8 In order to avoid being billed for the next Billing Cycle, the Client must cancel (terminate) the Subscription either through the Stripe or Paypal user panel or by contacting CPV Lab's Customer Support Team in the helpdesk at support.cpvlab.pro
5.9 If the Client's credit card payment cannot be processed, CPV Lab may suspend or terminate the Client's account. The Client will be responsible for all reasonable expenses, including attorneys' fees, incurred by CPV Lab in collecting the outstanding amounts. Additionally, interest at the highest rate permissible under applicable law may be charged.
5.10 All payments are denominated in United States Dollars (USD). The Client's account will be debited with the corresponding fees based on the current exchange rates.
5.11 CPV Lab reserves the right to modify its payment policies at any time at its sole discretion.
5.12 Depending on the policies of relevant payment providers, certain transactions may require Strong Customer Authentication (SCA), which involves multi-factor authentication to enhance payment security.
5.13 By accepting the Terms and Conditions, the Client enters into an agreement with CPV Lab that authorizes CPV Lab to charge varying recurring amounts from the Client's card on a monthly/yearly basis to cover the Subscription Fee and any potential Overages without requiring further action from the Client (merchant-initiated transactions). Typically, only the initial transaction will require SCA.
5.14 The variable recurring amounts charged to the Client's card are based on the chosen Plan and the calculated amount of Overages as described in point 15.3 above.
5.15 The specific type of multi-factor authentication used and the requirement for SCA depend on the policies of the relevant payment provider used by the Client.
5.16 Implementing SCA requirements may involve increased processing of the Client's Personal Data by payment providers and the transfer of additional data to these providers by CPV Lab. It is advisable to review the privacy policies available on the payment providers' websites, as well as CPV Lab's Privacy Policy, for more information.
6.1 CPV Lab retains the right to modify CPV Lab without prior notice and without assuming any liability.
6.2 CPV Lab is under no obligation to review the Client's utilization of CPV Lab. CPV Lab does not have control over, nor can be held accountable for, the Client's use of CPV Lab or any of the content transmitted or received by the Client through CPV Lab.
6.3 In the event of the Client breaching the Terms and Conditions, CPV Lab has the authority to prohibit the Client's account. This means that the Client will no longer have access to the account and will be unable to use CPV Lab's services.
7.1 In the relationship between CPV Lab and the Client, CPV Lab has full rights to use algorithms, computation methods, and data processed by CPV Lab for purposes like measuring network traffic, Events, geolocation, categorization of network traffic, or any other statistical data necessary for CPV Lab Platform's proper functioning (referred to as "Processed Data"). This includes all relevant rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights related to the Processed Data. Any rights not explicitly granted to the Client are reserved for CPV Lab and other entitled entities.
7.2 The Client's materials (such as ads, campaigns, landers, labels, etc.) are and shall remain the exclusive property of the Client. This includes all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent or related to the Client's materials.
All Online Materials on the CPVLab.pro site are copyrighted intellectual property. All usage rights are owned and controlled by CPVLab.pro.
You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the CPVLab.pro site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by CPVLab.pro or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
All remarks, suggestions, ideas, graphics, comments, or other information that you send to CPVLab.pro through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.
That means that we don't have to treat any such submission as confidential. You can't sue us for using ideas you submit. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our CPVLab.pro mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
CPVLab.pro WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
o DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
o DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
o OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all CPVLab.pro Web site, along with all related documentation and all copies and installations.
CPVLab.pro may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And CPVLab.pro is entitled to terminate all or any part of any of its Web site without notice to you.
If a dispute arises under this agreement, we agree to first try to resolve it amiably.
If it proves impossible to arrive at a mutually satisfactory solution, then any litigation based hereon, or arising out of, under, or in connection with these Terms and Conditions (and all agreements between UptechVision and Client), shall be brought and maintained exclusively in the competent court in Bucharest. The parties hereto hereby expressly and irrevocably submit to the jurisdiction of the above mentioned courts for the purpose of any such litigation as set forth above.
CPV Lab Pro may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
